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Long residency ILR- Dependents visa

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v007
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Long residency ILR- Dependents visa

Post by v007 » Wed Jun 16, 2021 4:31 pm

Hi Experts,

Below is my situation, and I have few queries regarding the visa for my dependents,

I have completed my 10 Years (lawfully) in UK In April 2021 (Yet to apply for ILR).
For 9.5 years I was on the ICT tier 2 visa and then i changed it to Tier 2 general in 08/2020 so my current Tier 2 general visa is valid until 08/2024.

Similarly my family's dependent visa is valid until 08/2024.

My Family came into UK in 06/2014 so they will be completing and eligible for their ILR in 06/2024.

So my Query is,
If I get ILR, will i need to do any different Visa for my Family OR They can stay on their CURRENT dependent Visa until 06/2024 and then apply for ILR?
If they can stay on their current visa, will it be the same case even when I leave the current job?

My understanding is, because my current visa is sponsored by my current employer, and my Family's dependent visa is based on my visa, so if i get ILR my current visa is no more valid hence their will also not be valid, but I may be completely wrong, hence need your expert guidance.

Appreciate your views on this.

Regards,
V007

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zimba
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Re: Long residency ILR- Dependents visa

Post by zimba » Thu Jun 17, 2021 12:07 pm

Family members are expected to switch to the family route visa via FLR(M)/FLR(FP) after you get ILR under the long residence. Their visa will NOT get invalidated when you get ILR (as a side effect) given that will be an unfair retrospective effect and the rules are largely are written in a way to avoid this. However, UKVI may curtail their leave or refuse them entry to the UK if they travel as they cannot be admitted as PBS dependants anymore. So to be safe they must switch
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

v007
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Re: Long residency ILR- Dependents visa

Post by v007 » Fri Jun 18, 2021 8:57 am

Thanks Zimba for the response.

I was told by the immigration lawyer that my family can stay on my current PBS dependent visa until they get eligible for ILR however when i asked about any reference from UKVI guidelines they said 'Unfortunately this is not provided in one place, clearly written out. It is knowledge that immigration professions have based on their readings of the caseworker guidance.'

would you mind pointing me towards any UKVI guidelines or section which I can read myself?

Appreciate your help.

Regards,
V007

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zimba
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Re: Long residency ILR- Dependents visa

Post by zimba » Fri Jun 18, 2021 9:41 am

There are no specific guidelines as the rules cannot cover each and every scenario. The reasoning comes from the fact that a visa is granted based on certain conditions being met. These are known as conditions of stay. When such conditions are not met anymore, UKVI can curtail their leave or refuse them entry.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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CR001
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Re: Long residency ILR- Dependents visa

Post by CR001 » Fri Jun 18, 2021 11:11 am

Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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zimba
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Re: Long residency ILR- Dependents visa

Post by zimba » Fri Jun 18, 2021 11:27 am

I think the OP's concern is regarding the family staying under the PBS route as opposed to qualification challenges for ILR which the topic in the link covers
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TODMATT
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Re: Long residency ILR- Dependents visa

Post by TODMATT » Fri Jun 18, 2021 2:39 pm

v007 wrote:
Fri Jun 18, 2021 8:57 am
Thanks Zimba for the response.

I was told by the immigration lawyer that my family can stay on my current PBS dependent visa until they get eligible for ILR however when i asked about any reference from UKVI guidelines they said 'Unfortunately this is not provided in one place, clearly written out. It is knowledge that immigration professions have based on their readings of the caseworker guidance.'

would you mind pointing me towards any UKVI guidelines or section which I can read myself?

Appreciate your help.

Regards,
V007
I hope this link will help your sitation.

See Family policy guidance

"Where a PBS Migrant has settled (been granted indefinite leave to
remain) under the long residence provisions in Part 7 paragraph 276A of the
Immigration Rules, their partner must apply for leave to remain under Appendix FM
and complete a relevant route to settlement under Appendix FM. However, where a
PBS migrant settles in their relevant PBS route, their partner can apply instead for
settlement as a PBS dependant."
My opinions should not be constituted as an immigration or legal advice.

v007
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Re: Long residency ILR- Dependents visa

Post by v007 » Mon Jun 21, 2021 10:28 am

Thank you very much to all who replied.

Based on the reply TODMAT and link, I questioned back to the immigration lawyer and now they have confirmed that they have done some 'further research' and confirmed that my family will need to switch to dependents of a settled person. :)

Re,
V007

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